PK Mohanty

Cuttack, Dec. 26: The one-member judicial inquiry commission of retired Justice P.K. Mohanty, which is probing into the alleged Pipili rape case, today directed the state government to show cause as to why the chief minister, who is holding the home department, should not file an affidavit before the panel in connection with the case.

A 19-year-old girl was found in an unconscious stage from a paddy field near Arjungoda village within the limits of Pipili police station on November 29, 2011, morning. There were allegations that the girl was not provided with proper medical treatment. She was under pressure for being an eyewitness in a case of eve teasing and the Opposition had raised a hue and cry accusing politicians of trying to shield the accused persons.

The then agriculture minister, Pradeep Maharathy, who is also the local MLA, had to step down from the council of ministers following the incident.

The victim was admitted to the special intensive care unit at SCB Medical College and Hospital in Cuttack for treatment on January 11 following an intervention of the high court. She died on June 21.

The Justice P.K. Mohanty Commission was subsequently appointed to probe into the case. The commission has been asked to identify the persons responsible for the incident and find out the role of the police in discharging their responsibility.

The commission today issued the show cause to the state government acting on a petition filed by advocate Nishikanta Mishra. The petitioner had urged the commission to append the state home minister and ask him to file an affidavit under the Commission of Inquiry Act, commission secretary Niranjan Nayak told The Telegraph.

“The commission expected the state home department to file the reply within three weeks,” Nayak said.

Earlier, the commission had sought from the state government a reply to Mishra’s petition. State counsel Devasis Panda, on behalf of the state government, had contended that an affidavit by the home minister is not necessary as the secretary of the home department, the director-general of police and the sub-divisional police officer of Puri had already filed affidavits in connection with the case.

In his rejoinder, the petitioner had argued that the home minister is legally responsible to file an affidavit before the commission as the home department is blamed for the incident being probed. Taking note of it, the commission felt that the affidavit is not sufficient to take a decision on the petition and issued direction seeking a reply to it from a home department official.

The CID-Crime Branch joint team, which is investigating into the case, had ruled out rape and filed the final charge sheet against the prime accused — Prashant Pradhan — charging him for murder, wrongful restraint, assault and criminal intimidation. Apart from him, charge sheets had also been submitted against three other accused.

The investigating agency has filed charge sheets against the then in charge of Pipili police station Amulya Kumar Champatiray under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for deliberately neglecting in registering a case.

SCB superintendent D.N. Maharana and two other doctors of Capital Hospital — Milan Mitra and K.C. Sahoo — have also been chargesheeted.